MILITARY JUSTICE PERSONNEL: Defense Function: Generally

 


2008 (Transition)
 

United States v. Rhoades, 65 M.J. 393 (under RCM 502(d)(4), a person may not serve as defense counsel if the person is or has been the accuser, an investigating officer, a military judge, or a court-martial member, subject to express waiver by the accused; in addition, no person who has acted as counsel for a party may serve as counsel for an opposing party in the same case; the disqualifications listed in RCM 502(d)(4) are not exclusive, and counsel may be disqualified based upon otherwise applicable standards of professional responsibility). 

 

2007

United States v. Pena, 64 M.J. 259 (chief reliance must be placed on the defense counsel to inform an accused about the collateral consequences of a court-martial conviction and to ascertain his willingness to accept those consequences).


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